Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Now's the time for a cross-partisan push to stop future abuse of presidential power

Opinion

Donald Trump

Some of the proposals in PODA respond directly to vulnerabilities in presidential power exploited by the Trump administration, according to Dayton and Lindgrensavage.

Joe Raedle/Getty Image

Dayton is a policy advocate and Lindgrensavage is a counsel at Protect Democracy, a nonprofit group advocating for policies that "prevent our democracy from declining into a more authoritarian form of government." Dayton once worked for a GOP House member and Lindgrensavage for a Democratic senator.


Imagine this: The conduct of the previous presidential administration has crystallized the need for Congress to reassert its constitutional authority as a check on the executive branch.

The year is 2021, to be sure. But it was also 1974. In the wake of the Watergate scandal, lawmakers of both parties acted to address weaknesses in federal laws and government institutions that Richard Nixon had either created himself or exposed.

Nearly half a century later the Protecting Our Democracy Act, a package of good-government reforms first proposed by Democratic Rep. Adam Schiff of California in September, aims to take similar steps toward restoring guardrails on executive power. The legislation is on course for a reintroduction in the House this month.

To raise awareness about the bill and advocate for its passage, experts from half a dozen democracy reform advocacy groups from across the political spectrum have written pieces touting its various virtues. These will appear in the Opinion section of The Fulcrum in coming weeks.

These individual analyses do not constitute an endorsement of the full package. What they demonstrate in combination, rather, is how the multifaceted measure draws from ideas proposed by Republicans and Democrats alike — and how Congress' constitutional prerogatives, not ideology, explain why they fit together.

The Protecting Our Democracy Act, which also goes by the acronym PODA, tackles a dozen different topics:

  • Limiting the president's pardon power.
  • Extending the deadline for prosecuting former presidents and vice presidents for federal crimes before or during their time in office.
  • Enforcing the constitutional ban on presidents using the office to enrich themselves.
  • Boosting enforcement of congressional subpoenas.
  • Reasserting Congress' power of the purse.
  • Mandating disclosure of contacts between the White House and Justice Department.
  • Strengthening protections for inspectors general.
  • Strengthening protections for federal whistleblowers.
  • Ensuring the Senate's say in confirming executive branch officials.
  • Bolstering enforcement of the Hatch Act.
  • Preventing foreign interference in elections.
  • Clarifying federal prohibitions on foreign assistance to campaigns.

Some of the proposals respond directly to vulnerabilities in presidential power exploited by the Trump administration, treating those abuses as lessons from which the need for reform must be learned.

It will remain difficult to hold future presidents accountable for violating the Emoluments Clause, the Constitution's ban on presidential profiteering, or attempting to sway the independence of the Justice Department, for example, without Congress creating mechanisms to guarantee such accountability.

Some of the proposals have a history of bipartisan backing — or began as Republican ideas. The provision to strengthen congressional control over the allocation of federal funds, for example, resembles a bill by Republican Sen. Mike Lee of Utah that the Homeland Security and Government Affairs Committee approved last year on an 11-2 vote. And improving protections for inspectors general and federal whistleblowers has been a longstanding priority of the most senior GOP senator, Chuck Grassley of Iowa..

The Protecting Our Democracy Act meets this current moment in two important ways.

First, it is the right response, and it is similar to a past, successful response in the aftermath to a similar period in our history. After Nixon's resignation, both Republican and Democratic lawmakers understood how his behavior had exposed weaknesses in the system of checks and balances that constrains presidential power, and they responded by enacting laws such as the Privacy Act and the Inspector General Act.

The parallels to today are now widely acknowledged by experts on the right, left and center. Trump "has revealed that the presidency is due for an overhaul for accountability akin to the 1974 reforms," Jack Goldsmith, an assistant attorney general in the George W. Bush administration, told the New York Times. (He and a White House counsel during the Obama administration, Robert Bauer, have come up with their own set of ideas for recalibrating the balance of power.)

Second, PODA responds to increasing numbers of lawmakers asking why their branch is so ineffective relative to the executive and the judiciary. Republican Sen. Ben Sasse of Nebraska, a frequent observer of this development, spent part of his time during last month's confirmation hearing for Attorney General Merrick Garland offering his views.

"I think it's a mix of overreach by Article II and underreach by Article I," he said, adding that it's not "as if everything that's wrong is chiefly outside the Congress, because I think we're probably chiefly to blame."

The Protecting Our Democracy Act gives Congress an opportunity to retake some of its authority and live up to its responsibility.

Ensuring the proper checks and balances between the executive and legislative branches is an ongoing obligation of Congress. But it hasn't kept pace in recent years with the expansion of presidential power or deterred presidents of both parties from exceeding — even abusing — their authority.

This House bill is a big first step on the path to catching up. The fact that Democrats are going to introduce this package when the president is a member of their party should not escape notice. Nor should the repeated instances of Republicans who have voiced concerns and floated measures about the relationship between the president and Congress. The opportunity to bring Republicans and Democrats together to act is now.


Read More

House Democrats and Republicans Clash over Free Speech in Higher Education

Rep. Burgess Owens, R-Utah, addresses the chamber in front of a portrait of George Miller.

(Matthew Junkroski / MEDILL)

House Democrats and Republicans Clash over Free Speech in Higher Education

WASHINGTON — Witnesses and representatives sat in silence as Rep. Burgess Owens, R-Utah, spoke about how universities should strive for intellectual diversity and introduce controversial ideas. Rep. Alma S. Adams, D-N.C., agreed with his rhetoric, but went on to criticize her Republican colleagues for standing in the way of free expression.

“Unfortunately, what we often see, especially in hearings like this, is not a good faith effort to strike that balance, but a selective narrative,” Adams said. “My colleagues on the other side of the aisle frequently claim that there’s a free speech crisis on college campuses, arguing that universities lack viewpoint diversity and silence certain perspectives.”

Keep ReadingShow less
Republican Attacks on Citizen Ballot Measures Undermine Democracy

Election workers process ballots at the Orange County Registrar of Voters one week after Election Day on November 12, 2024 in Santa Ana, California.

Getty Images, Mario Tama

Republican Attacks on Citizen Ballot Measures Undermine Democracy

In October 2020, Utah’s Republican Senator Mike Lee delivered a startling but revealing civics lesson in the aftermath of that year’s vice-presidential debate between Kamala Harris and Mike Pence. He tweeted, The United States is “not a democracy.”

“The word ‘democracy,’’’ Lee wrote, “appears nowhere in the Constitution, perhaps because our form of government is not a democracy. It’s a constitutional republic….Democracy isn’t the objective….” The senator said that the object of the Constitution was to promote “liberty, peace, and prospefity (sic).”

Keep ReadingShow less
Key Senate panel advances Trump’s pick for Fed chair

Kevin Warsh testified in a Senate Banking Committee confirmation hearing for Fed chair last week.

Photo provided

Key Senate panel advances Trump’s pick for Fed chair

WASHINGTON – The Senate Banking Committee on Wednesday voted 13 to 11 to advance Kevin Warsh’s nomination as Federal Reserve chairman despite Democrats’ concerns that he would not be independent from President Donald Trump.

The banking committee’s vote fell along party lines, with all 13 Republicans voting in favor of the nomination and all 11 Democrats voting against it. Senator Elizabeth Warren, D-Mass., said in a press release that it was the first time a vote on a Fed chair nominee was entirely partisan.

Keep ReadingShow less
Top of the U.S. Supreme Court House

Congress advances a reconciliation bill to fund the Department of Homeland Security while passing key rural legislation. As debates over ICE funding, wildfire policy, and broadband expansion unfold, lawmakers also face new questions about the use of AI in government.

Getty Images, Bloomberg Creative

Starting Up the Reconciliation Machine

This week the Senate began the long, procedure-heavy process of creating and passing a reconciliation bill in order to enact Republican priorities without requiring any votes from Democratic legislators: funding the parts of the Department of Homeland Security (DHS) whose funding remains lapsed and additional funds for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Also this week, the House agreed to two bills that next go to the President and voted on a number of bills related to rural areas.

Two New Laws Soon

Both of these bills go to the President next for signing:

Keep ReadingShow less